WCPanelIQ
PanelQMEMed-legalGranted

Monzon, Ana

ANA MONZON, Applicant vs. IHOP; TECHNOLOGY INSURANCE COMPANY, administered by AMTRUST NORTH AMERICA, INCORPORATED, Defendants

ADJ number
ADJ12202677
Decision date
Jun 17, 2025
District office
Anaheim
WCJ
—
Claim administrator
AmTrust North America, Incorporated (administering Technology Insurance Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: head, cervical spine, right shoulder, psyche, eyes, internal systems

LC §5909LC §5900LC §5906LC §5908LC §4061LC §3208.3LC §5903LC §5952LC §4660.1LC §5701LC §4062.1LC §4062.2LC §5412LC §5907CCR §10600

Summary

Ana Monzon, a waitress for IHOP, sustained injury on December 30, 2018 when a refrigerator door swung out and struck her. Defendant admitted injury to her head, cervical spine, right shoulder, and psyche but disputed injury to her eyes and internal systems. The WCJ found no eye or internal injury and found no psychiatric permanent disability under section 3208.3(d), awarding 26% PD. On reconsideration, the Board affirmed the WCJ's reliance on QME ophthalmology/neurology reporting regarding the eyes but, exercising its authority to review the entire record, found the basis for the psychiatric impairment determination unclear, noting no psychiatric QME existed in violation of section 4061(i) and that the citation to section 3208.3(d) appeared erroneous given applicant's lengthy employment. The Board granted reconsideration, deferred PD, apportionment, and attorney fees, and remanded for development of the record. Commissioner Razo dissented in part, arguing the record did not require development on the psychiatric issue.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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